Baljit Singh v. Eric H. Holder Jr.

MEMORANDUM

Baljit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Afriyie v. Holder, 613 F.3d 924, 931 (9th Cir.2010). We grant the petition for review, and we remand.

Because the agency found Singh established past persecution, the government had the burden of proof to show that relocation would be safe and reasonable under all of the circumstances. See id. at 935 . In evaluating the relocation issue, the agency relied largely on evidence relating to the ability of Sikhs from the Punjab to relocate throughout India. Singh, however, is a farmer from Haryana who was not only accused of involvement with militants but was also detained twice for his involvement in farmer protests. In addition, his testimony and declaration indicate that he is the subject of ongoing police interest. As the agency did not take these circumstances into account in assessing…